Legal Question in Real Estate Law in California

Okay, I am a property owner. Was in the middle of loan modification options and possible short sale options when the bank allegedly foreclosed. Within three days I filed a Wrongful Foreclose in unlimited court. I was then served a 3 day by the alleged bank; that allegedly bought the property. 7-10 days later I was served the UD. I answered next day and the trial was set about 30 days later. In between I file discovery request from plaintiff two sets of interrogatories all objected responses. I filed a notice of related cases through my unlimited complaint plus a motion to consolidate.

At UD I was steam rolled, commissioner did not allow continuance and we proceed with trial.

I made notice to the fact there is no landlord tenant relationship made between plaintiff and defendant plus I made clear that the foreclosure was wrongful which brings these proceeds under question too.

To no avail, my fault I was under prepared in pro per, the commissioner awarded judgment to plaintiff.

Do I have an appeal? Can I get the court to stay the writ of possession until my complaint is explored? This is a matter of title not possession. The court is steam rolling me based on inaccurate scenerio. Please assist.


Asked on 9/18/09, 2:28 pm

1 Answer from Attorneys

Without knowing why you think the foreclosure was illegal, it's hard to say what to do. You can appeal a UD, and try to get the court to stay enforcement while you appeal, but without showing you are likely to prevail on the illgeal foreclosure claim you won't get a stay. You need a lawyer.

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Answered on 9/18/09, 2:54 pm


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